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64 Cards in this Set

  • Front
  • Back
two major systems of law used by the nations of the world, currently, based upon their historican origins
(1) code law [based on strong leadership]
(2) common law [largest]
ability to cuase others to modify their behavior and conform to what the power holder wants
features of a leader or institution that compel obedience because of ascribed legitamacy of the power source
three sources of power/sovereignty in the US system of government
three branches of the US national government
four sources of law under the US system of government
(1) constitution(s)
(2) statute(s)
(3) treaties of the US
(4) case law
four sources of additional "rules" which are sources of authority, but not law, under our legal system
(1) administrative rules, regs, and decisions
(2) executive orders
(3) executive agreements (w/ foreign nations instead of treaties)
(4) local rules
three components or sources of "case law"
-statutory interpretation(s)
-common law
-judicial review
two major historical/traditional priciples upon which the system of "common law" is based
-stare decisis
two types of "legal authority" on which court practitioners base their arguements [consider the source and judicial hierarchy]
-mandatory- decision comes from the highest court in your hierarchy spoken on the issue

-persuasive- there is no madatory authority, courts look at same levels of appeals
the scope of power granted to a court or other governmental entity
exact place where a case is filed/trial takes place
general jurisdiction
may hear any type of case regardless of its subject matter and have the broadest powers; criminal and civil
limited jurisdiction
may hear and decide only those cases within the authority granted to them by constitution or law
concurrent jurisdiction
refers to those subjects and laws where in both the national and state governments may exercise simutaneous power to enact ahd inforce laws
three categories of cases into which most cases admitted to federal courts fall
(1) involeved "federal question"- sources of law/ subject matter jurisdiction

(2) federal party jurisdiction- suit or case brought by or against the federal government or agents/officials

(3) diversity jurisdiction
three things upon which diversity jurisdiction in the federal court system is based
-the citizenship of the parties
-the amount in controversy
reason for which congress established diversity jurisdiction in 1789
it recognized that state courts would be biased against citizens from other states or countries, or would be biased in favor of their own citizens
number of federal district courts in Texas, currently
4 in Texas, 94 total
three types of suits for which 3-judge federal district of courts are convened
-tax court appeals
-appeals from orders of certain federal administrative agencies
-appeals fromt he federal district courts
number of federal circuit courts of appeal in the US, currently
-12 regional circuit court of appeals
-1 US court of appeals for the federal circuit
two types of cases over which the Us Supreme Court has "original jurisdiction"
-state is a party
two major purposes/functions of appellate court
-to correct errors in the choice, interpretation, or application of the laws to individual litigants

-to make the laws clearer and more consistant
three major purposes served by appellate court opinions
-to justify the decision to the parties and any other audience

-to instruct the lower court on what it must do when reconsidering the case

-to announce the rules of law that determined this decision
term used to describe situation where all members of an appellate sit to hear a case
en banc (p.18)
terms used at the end of each appellate court decision to indicate what the actual result of the appeal was in relation to the decision of the lower courts being reviewed
-reversed & remanded
-reversed & vacate
-affirmed/reversed in part
five major components of the concepts of "justiciability" [not counting "abstention doctrine]
-case & controversy rule
-political questions
term used to describe the 3 general categories of court systems existing in the US based upon the number of tiers, duplication of layers, complexity of entry, & consistency of "judicial voice"
term used to describe the Oklahoma and Texas Supreme Court structure which splits the normally combined lower level of state appellate review into 2 courts of limited jurisdiction
six terms used to describe the type of opinion being rendered by the USSCt based on the amount of unity of disagreement within the court to which it refers, in addiction to the weight of authority it conveys upon lower courts
(1) unanimous opinion
(2) majority opinion
(3) dissenting opinion
(4) per curiam opinion
(5) plurality opinion
(6) concurring opinion
substantive law
principles for accepted behavior
procedural law
set the legal rules for determining when and how the substantive laws will be applied
four types of criminal cases, depending on the seriousness, the punishment prescribed by statue, and the age/status of the accused
(1) felonies- most serious: both heavy fines and imprisonment; classified with a number or letter

(2) misdemeanor- less offensive: usually jail time and a fine

(3) petty offenses- minimal: fine, no jail time; ex. traffic violation
-corporations- fines can be extreme

(4) juvenile- anytime a person is charged with a crime where an adult would not be charged (curfew, MIP)
title of the person who files criminal charges
the people
title/name in which criminal case is brought
has burden of proof
who the criminal case is being brought against
"beyond a reasonable doubt"
standard of proof
type of criminal case(s) under which corporations are usually charged and fined at the federal level and under many state jurisdictions
petty offense
three types of please in criminal cases
-not guilty
-nolo contendere
two general forms of jury verdict(s) returned in criminal cases
-not guilty
92%-96% of all criminal convictions result because the accused does what?
pleads guilty to obtain a plea bargain
four affirmative defenses in a criminal case
(1) infancy
(2) involuntary intoxication
(3) insanity
(4) justifiable use of force [self-defense]
term for situation when an accused can be charged by two or more jurisdictions for actions during the commission of a single offense
concurrent jurisdiction
name for legal document which an accused may file if they believe evidence against him/her has been obtained by the government in violation of the US Constitution
motion to supress
name/year of case and name of "rule"... 14th and 4th amend.
-1914, Weeks v US- gambling;; police broke in and found incriminating evidence: "exclusionary rule"

-1961, Mapp v Ohio- finally in effect; motion to supress evidence
according to the 6th amendment, person(s) whom the right to a speedy and public trial by an impratial jury belongs
type of hearing to which an accused is entitled if the charge document is a Prosecutor's Info or Criminal Complaint
preliminary hearing
types of trials to which an accused is entitled [based on who is the "trier of fact"]
-jury trial
-bench trial
terms used for stages of a juvenile courts case
-adjudicatory hearing
major change in status requested in a petition or "charge document" in a juvenile case
make child award of the courts
directed verdict
after plaintiff rests; means that if judge agrees, plaintiff loses
judgement non obstante verdicto
a request asking the judge to grant a judgement contrary to the jury's verdict; after jury returns their verdict
name of pre-trial phase into which a criminal case passes following the arraignment or in a civil case following the filing of an "answer" to the civil complaint/petition
two components of the "rule on/against witness"
-orders anyone who might be a witness to leave the courtroom so they may not hear the testimony of others

-involves an order fromt he judge admonishing witness not to discuss their testimony or the testimony of others until after the trial has ended
civil liberties
synonymous with individual freedoms or freedoms against which neither the national nor state government may enroach
civil rights
priveledges and immunities guaranteed to US citizens, which the national and state governments must protect from arbitrary infringement
three standards of judicial review applied by the USSCt to determine the consitutionality of challenged statutes or government actions [and the alternative names]
-reasonableness/ rational relationship test

-hightened scrutiny/ intermediate test; gender, truthful advertising, symbolic speech

-strict scrutiny/ compelling state interest test
laws that cover so many people that they can't possibly be enforced as written
so imprecise or ambiguous that they cannot constantly be enforced
name of standard of review under which classifications based upon gender or symbolic speech or those regulating truthful commercial advertising are generally decided
hightened scrutiny
name of standard of review under which non-public fora and time, place, manner restrictions on speech are generally decided
reasonableness/ rational relationship
name of standard of review under which "suspect" classifications and "preferred freedoms/ fundamental rights" cases are generally decided
strict scrutiny standard/ compelling state interest
category of speech which generally recieves the highest level of protection by the USSCt
political speech